Page 1 of 5 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. Regular Session, 2013 ENROLLED SENATE BILL NO. 223 BY SENATORS MILLS AND JOHNS Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. AN ACT1 To enact Chapter 51 of Title 34 of the Louisiana Revised Statutes of 1950, comprised of2 R.S. 34:3551 through 3552, and R.S. 36:509(U), relative to ports; to create the3 Coastal Port Advisory Authority; to provide for the authority's membership and its4 officers; to provide for the duties and functions of the authority; and to provide for5 related matters.6 Be it enacted by the Legislature of Louisiana:7 Section 1. Chapter 51 of Title 34 of the Louisiana Revised Statutes of 1950,8 comprised of R.S. 34:3551 through 3552, is hereby enacted to read as follows: 9 CHAPTER 51. COASTAL PORT ADVISORY AUTHORITY10 §3551. Coastal Port Advisory Authority; purpose; legislative findings11 The legislature hereby finds and declares that the development of oil and12 gas resources is essential to promote Louisiana's economic growth and the13 ability of the maritime, oil and gas industries to compete in regional, national,14 and global markets and to provide a high quality of life for the people of this15 state. The legislature declares and finds the following:16 (1) The Gulf of Mexico has substantial oil and gas resources.17 (2) Many of these resources are considered to be in the deep waters of18 the Gulf of Mexico.19 (3) Major energy companies are expressing renewed interest in the20 deepwater oil and gas resources of the Gulf of Mexico as expressed in recent21 federal oil and gas lease sales and in budgeted capital expenditures.22 (4) The state of Louisiana was once best suited to serve as the host state23 SB NO. 223 ENROLLED Page 2 of 5 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. for the fabrication of the infrastructure needed to develop shallow and some1 deepwater Gulf of Mexico oil and gas resources because of its competitive2 advantage of world class coastal ports.3 (5) Due to the need for larger and heavier infrastructures to serve the4 continued quest for deep water resources combined with the current limitations5 of Louisiana's coastal ports, the state of Louisiana, and the United States of6 America, are losing market shares, for the fabrication of deep water7 infrastructure projects.8 (6) Economic opportunities and job creation resulting from improved9 coastal port infrastructures could create a renaissance of fabrication resulting10 from the proposed private investment of major energy companies in the11 deepwater resources of the Gulf of Mexico.12 (7) The state of Louisiana has a great opportunity to fund the greatest13 environmental project of our generation, the restoration of coastal Louisiana,14 from the proceeds of deepwater oil and gas resources as a result of previously15 adopted federal law and certain Louisiana constitutional amendments.16 (8) The state of Louisiana should move aggressively to determine how17 it can best fund improvements to its coastal ports in order to take advantage of18 the pending private sector investments in the deepwater resources of the Gulf19 of Mexico, and, thereby secure itself as the premiere province to host such20 activities, and further secure jobs for its citizens and improvements to the21 quality of life.22 §3552. Coastal Port Advisory Authority; creation; membership; duties and23 functions24 A. The Coastal Port Advisory Authority is hereby created in the office25 of multimodal planning within the Department of Transportation and26 Development.27 B. The authority shall perform its duties and functions through a board28 composed of the following members:29 (1) One member appointed at large by the governor who shall serve as30 SB NO. 223 ENROLLED Page 3 of 5 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. chairman of the authority and have knowledge of the deepwater Gulf of Mexico.1 (2) The governor's executive assistant for coastal activities or his2 designee.3 (3) The secretary of the Department of Transportation and Development4 or his designee.5 (4) The secretary of the Department of Economic Development or his6 designee.7 (5) The secretary of the Department of Natural Resources or his8 designee.9 (6) A representative of the Ports Association of Louisiana selected by its10 chairman of the board of directors.11 (7) One member from each of Louisiana's coastal ports appointed by12 each port's executive director.13 (8) One member from each of Louisiana's deep draft ports appointed by14 each port's executive director.15 C. The members shall select a vice chairman to serve in the absence of16 the chairman. The marine and rail transportation administrator within the17 office of multimodal planning, Department of Transportation and Development,18 shall serve as secretary of the authority and shall not vote.19 D. (1) The authority shall be advisory in nature.20 (2)(a) The authority shall research and study economic development21 opportunities available to the state's maritime industries and the needs of the22 oil and gas industry relative to coastal and deep draft ports. The authority shall23 inventory and evaluate the resources and infrastructure of coastal and deep24 draft ports, including existing and future resource and infrastructure needs in25 order to attract business and increase future market shares, identify technical26 research and previously developed information on markets available to coastal27 and deep draft ports, study coastal and deep draft port capacities and28 utilization, identify potential future deficit areas, and investigate incentives for29 coastal and deep draft port development.30 SB NO. 223 ENROLLED Page 4 of 5 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. (b) The authority shall not be eligible to apply for or receive funding1 from the Port Construction and Development Priority Program as provided in2 R.S. 34:3451 et seq.3 (c) The authority shall be prohibited from advising on any matter4 related to the Port Construction and Development Priority Program.5 (3) Not later than May 1, 2015, and not later than May first annually6 thereafter, the authority shall report the progress of its activities to the House7 and Senate Committees on Transportation, Highways, and Public Works.8 (4) The authority may call upon the expertise of others with knowledge9 of Gulf of Mexico deep water exploration and production, including but not10 limited to the Louisiana Mid-Continent Oil and Gas Association, the Louisiana11 Oil and Gas Association, the American Petroleum Institute, the National Ocean12 Industries Association, the Gulf Economic Survival Team, chambers of13 commerce, Louisiana universities, fabrication companies, the Louisiana14 Association of Waterway Operators and Shipyards, the Louisiana River Pilots'15 Association, and port organizations.16 (5) Executive agencies and departments of the state represented on the17 authority may enter into interagency agreements to share costs necessary to18 perform authority duties, functions, and responsibilities.19 E. (1) A majority of the members shall constitute a quorum. A quorum20 being present, the favorable vote of at least a simple majority of the total21 membership present shall be required for the authority to take action on any22 matter.23 (2) The board shall meet at least once per year, or more frequently as24 necessary, upon call of the chairman.25 (3) Members of the authority shall not receive a salary or26 reimbursement for mileage or expenses incurred for attendance at authority27 meetings from the authority.28 F. The provisions of this Chapter shall terminate on June 30, 2018.29 Section 2. R.S. 36:509(U) is hereby enacted to read as follows:30 SB NO. 223 ENROLLED Page 5 of 5 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. §509. Transfer of agencies to Department of Transportation and Development1 * * *2 U. The Coastal Port Advisory Authority (R.S. 34:3551 et seq.) shall be3 placed within the office of multimodal planning, Department of Transportation4 and Development, and shall perform its duties, functions, and responsibilities5 in the manner provided by law.6 PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED: